LPG1.7.04 Models, Methods and Processes Street Identification … · Models, Methods and Processes....

LPG1.7.04 Models, Methods and Processes Street Identification

Student Notes

Version 1.09

Student Notes IPLDP Central Authority Executive Services

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LPG1_7_04_StreetID_SN Version 1.09 2


Learning Outcomes

When you have successfully completed these student notes, you will be able to:

1. Explain the legislation and give examples of Identification procedures for

‘unknown’ suspects

2. Outline the legislation and procedures surrounding ‘street ID’

Key to Graphics

The pencil indicates an exercise or knowledge check for

you to complete.

The microscope tells you when there is a topic that may

require a closer look or further research or reading.

The exclamation mark highlights an area that you need to

pay close attention to.



Table of Contents

Learning Outcomes ................................................................................................. 3 Key to Graphics ...................................................................................................... 3 Introduction ........................................................................................................... 5

First Descriptions............................................................................................... 5 Interviewing witnesses ............................................................................................ 6

How the courts view the subject of identification .................................................... 7 Known Suspect ................................................................................................. 8

Unknown Suspect ................................................................................................... 8 Identification by photograph ............................................................................... 8 Facial Composite Techniques............................................................................. 10 Destruction and retention of photographs taken or used in identification procedures . 12 Photographs of detainees at police stations and other persons elsewhere ................ 13

Street identification............................................................................................... 15 Summary............................................................................................................. 17 Knowledge Check.................................................................................................. 18 Knowledge Check Answers ..................................................................................... 20



Introduction

After reading these student notes you will be able to state the

identification procedures and circumstances when you can use street

identification to identify unknown suspects and outline the

information to be recorded prior to carrying out a street identification

in compliance with PACE Codes of practice. You will also be able to

explain what actions and procedures to follow and how they should

be documented in given circumstances.

Must be recorded

accurately

First Descriptions

It is important to remember from the outset that the first description

given by a witness must be recorded accurately and in detail, in a

visible and legible form as it will be supplied in writing to the suspect

or their solicitor before any subsequent formal identification

procedure. It is also important to remember that the first description

given by a witness is required for disclosure and may be used as

evidence in court. These procedures are in accordance with the

guidance provided within PACE Codes of Practice - Code D 3.1.

As soon as there is sufficient evidence to arrest the person, any

additional witnesses must not take part in the Street Identification;

instead they need to take part in one of the formal identification

methods. If a witness identifies a suspect in a Street ID, the courts

regard this as strong evidence and they need not take part in a

further formal identification method.



Interviewing witnesses

Witnesses are of paramount importance to police investigations and

the information that they can supply will often result in descriptions

of persons. Careful and detailed interviewing of witnesses provides

the basis from which further enquiries and possible identification can

follow.

The Youth Justice and Criminal Evidence Act 1999 guidance

“Achieving Best Evidence in Criminal Proceedings” indicates that a

pre-trial support person should accompany a vulnerable witness

(including juveniles) during any identification procedure. It states

that this support person should not be a witness in the investigation

nor likely to be.

Pre-trial support is available through Victim Support and the Witness

Service as well as a range of other organisations, such as the NSPCC

and Social Services. It is recognised that a police officer could be a

“supporter”. However, some form of training and guidance from CPS

must have been provided. “Supporters” must have had no

involvement in the associated ongoing investigation.

Remember when interviewing witnesses:

• Be patient

• Do not prompt

• Do not ask closed (yes/no) or leading questions (those

which suggest an answer)

• Allow the witnesses to describe in their own way and in

their own words, but check all the time that you

understand what is meant

• Use the appropriate interview technique: cognitive

conversation management

• Obtain as much detail as possible.



How the courts view the subject of identification

In some cases which appear in court the defence will be based on

alleged mistaken identification. This is particularly so when the

defence knows that the major part of the evidence against the

accused is based on the identification by a witness.

ADVOKATE

R v Turnbull: Court of Appeal [1977] QB 224

In 1976 the Court of Appeal considered the case of R v Turnbull and

created guidelines on the subject of identification, which have been

followed in subsequent cases.

The points raised indicate the areas to which police officers must pay

particular attention whenever they are involved in identification

processes. This can be remembered with the assistance of the

mnemonic ADVOKATE:

A Amount of time under observation.

D Distance from the eyewitness to the person or incident.

V Visibility – including time of day, street lighting etc.

O Obstructions – Was there anything obstructing the view?

K Known or seen before – Did the witness know, or had they seen

the suspect before?

A Any reason to remember – Was there something specific that

made the person or incident memorable?

T Time lapse – How long since the witness last saw the suspect?

E Errors or material discrepancies (this means any material

discrepancy between the description of the accused given to police by

the witness when first seen by them and the actual appearance of

the accused).



Not all of these points will be applicable to every statement.

However, you must consider each point and record those points that

do apply as part of the witness statement.

Known Suspect

The definition of a known suspect as outlined in PACE Codes of

Practice D paragraph 3.4 is:

There is sufficient information known to the police to justify the

arrest of a particular person for suspected involvement in the

offence. For information on verifying the identity of known suspects,

refer to LPG1.7.27 Identification student notes.

Unknown Suspect

When the identity of a suspect is unknown, the following

identification procedures may be used:

• Photograph Identification

• Facial composite technique

• Street ID

In this section we will look at each of these in more detail.

Identification by photograph

The showing of photographs can only be used for the purposes of

identification when the identity of the suspect is not known.

Code D of the PACE codes (Annex E) requires that an officer of the

rank of sergeant or above shall be responsible for supervising and

directing the showing of photographs, but the actual showing may be

done by a constable, or a civilian police employee. Your sergeant will

give you the necessary guidance if you have occasion to use this

method.



Again, remember that the first description of a suspect must be

recorded before any photographs are shown. If the supervising

officer is unable to confirm that the description has been recorded,

the showing of photographs should be postponed.

If you have more than one witness you must show the photographs

only to one witness at a time. You must allow that witness as much

privacy as possible when viewing the photographs. You must not let

your witnesses speak to each other or overhear any other witnesses

in the case.

You must arrange your photographs so that there are not less than

12 on view at any one time. All photographs must be of a similar

type, numbered and either in an album or a frame. Whether an

identification is made or not, none of the photographs should be

destroyed, since they may be required for production in court.

A separate photograph is then taken of the frame or part of the

album from which the witness has made an identification.

Before you show your set of photographs to your witness you must

state that the person they saw may or may not be in the set you are

about to show and that if they cannot make a positive identification

they should say so. You should also tell the witness that they should

not make a decision until they have viewed at least 12 photographs.

You must not guide or prompt your witness during their viewing of

the set of photographs.

If one of your witnesses makes a positive identification of a suspect

from the photographs you have shown, then, unless the person

identified is otherwise eliminated from enquiries, other witnesses

must not be shown the photographs. If your suspect disputes the

identification, all witnesses shall be asked to attend a video

identification, an identification parade or group identification.



If the witness makes a selection but is unable to confirm the

identification, the person showing the photographs should ask the

witness how sure they are that the photograph they have indicated is

of the person that they saw on the earlier relevant occasion.

If your witness has previously been shown photographs (or

computerised or artist’s composite or likeness), the suspect and their

solicitor must be informed of this fact before attending an

identification parade, video identification or group identification.

A record must be kept of the showing of photographs. This will

include anything said by the witness about any identification or the

conduct of the procedure, any reasons why it was not practicable to

comply with any of the provisions of Code D regarding the showing of

photographs and the name and rank of the supervising officer. The

supervising officer must inspect and sign the record as soon as

practicable.

Remember you must keep to Code of Practice D when you deal with

identification and, while individual force policies may vary in detail

the Code applies nationally.

Facial Composite Techniques

The two main composite systems used by UK Police Services are E-

Fit and Pro-Fit, although some forces still rely on composite artists.

E-Fit and Pro-Fit are computerised composite systems which were

originally developed by the Home Office to replace Photo Fit and

Identikit.

Most of these computerised systems are portable so that the

witnesses can be interviewed the finished product printed and

verified by the witness in one process. This also allows immediate



distribution to investigating teams and to the media. The equipment

is operated by specialist staff, according to police procedures and

requirements of the Codes of Practice.

The production of a composite requires time and concentration by

both the witness and the operator, so it is important that the witness

is able to devote the necessary time and that the process takes place

in a quiet environment to it, free from interruption.

These guidelines should be followed:

• Witnesses or victims should be contacted within 24 of an

incident, if possible, or at most within 36 hours.

• Composite identification techniques can only be used when

the suspect is neither known nor available.

• Requests for composites should not be made when security

videos and stills are available unless they are of such poor

quality to be unusable for identification purposes.

• Witnesses must not be shown photographs prior to

obtaining a composite.

• The witness must have seen the suspect’s face and be able

to describe the facial features. This requires a clear mental

image of the suspect’s face.

• The first description given by a witness must be recorded,

and a full statement obtained from the witness before the

composite is requested.

• A facial composite is an investigative tool that may suggest

a possible suspect. Other evidence must be available to

support an arrest. The final composite becomes the

witness’s exhibit and must be disclosed to the defence in

any subsequent proceedings.

• Where the use of a composite has established a suspect

who can be asked to appear on a parade or other

identification procedure, the composite shall not be shown



to other potential witnesses. The suspect or his solicitor

must be informed that a composite has been used before

any other procedure takes place.

• Whether or not any identification is made, a record must be

kept of the use of the composite.

Bear in mind that the memory of the very young, the elderly, those

who experience mental ill health or those under the influence of drink

or drugs may be unreliable.

Destruction and retention of photographs taken or

used in identification procedures

Section 64A of the Police and Criminal Evidence Act (PACE) 1984

(see below) provides powers to take photographs of suspects and

allows these photographs to be used or disclosed only for purposes

related to the prevention or detection of crime, the investigation of

offences or the conduct of prosecutions by, or on behalf of, police or

other law enforcement and prosecuting authorities inside and outside

the United Kingdom or the enforcement of a sentence. After being

used or disclosed, they may be retained but can only be used or

disclosed for the same purposes.

The photographs (and all negatives and copies) of suspects, not

taken in accordance with the provisions of Section 64A which are

taken for the purposes of, or in connection with, video identification,

identification parades, group identification or confrontation, including

moving or still images, obtained from custody CCTV footage or

visually recorded interviews, which may needed in cases where the

suspect refuses or fails to take part in an identification procedure,

must be destroyed unless the suspect:

• is charged with, or informed that they may be prosecuted



for a recordable offence

• is prosecuted for a recordable offence

• is cautioned for a recordable offence or given a warning or

reprimand in accordance with the Crime and Disorder

Act 1998 for a recordable offence, or

• gives informed consent in writing for the photograph or

image to be retained

The person must be given the opportunity to witness the destruction

or to have a certificate confirming the destruction provided that they

make the request within five days of being informed that the

destruction is required.

Photographs of detainees at police stations and

other persons elsewhere

Section 64A PACE, provides powers for officers to photograph

detainees at police stations and other persons elsewhere than at a

police station. An officer may photograph:

1. any person whilst they are detained at a police station; and

2. any person who is elsewhere than at a police station:

a) with the appropriate consent; or

b) if the appropriate consent is withheld or it is not

practicable to obtain it, without it (s64A (1A))

and who has been

i. arrested by a constable for an offence;

ii. taken into custody by a constable after being arrested

for an offence by a person other than a constable;

iii. made subject to a requirement to wait with a

community support officer

iiia. given a direction by a constable under section 27 of

the Violent Crime Reduction Act 2006;


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iv. given a penalty notice for disorder by a constable in

uniform, a penalty notice for truancy by a constable or

a fixed penalty notice under the Road Traffic

Offenders Act 1988 by a constable in uniform

v. given a notice in relation to a relevant fixed penalty

offence by a community support officer

vi. given a notice in relation to a relevant fixed penalty

offence by an accredited person

vii. given a notice in relation to a relevant fixed penalty

offence by an accredited inspector

Photographs may be taken with the persons consent or without their

consent if consent is withheld or it is not practicable to obtain their

consent, for instance in situations were the person is drunk or

violent.

If the detainee is unwilling to co-operate sufficiently to enable a

suitable photograph to be taken and it is not reasonably practicable

to take the photograph covertly, an officer may use reasonable force

to take their photograph without their consent and for the purpose of

taking the photograph, remove items of clothing or substances worn

which they have failed to remove when asked.

The appropriate use of force to take photographs of a suspect

(elsewhere than at a police station) must be considered carefully. In

order to obtain a suspect’s consent and co-operation to remove an

item of religious headwear to take their photograph, it may be

appropriate to do so out of public view.

Further information regarding this section of your notes can be found

in paragraphs 3.30 – 3.33 and 5.12 – 5.24 Code D of the Codes of

Practice.



Street identification

In accordance with the PACE Codes of Practice - Code D 3.2, a street

identification is used only when you have no suspect, but believe that

the offender may be at a particular location or neighbourhood. If a

suspect is known, either by the witness or by you (from the

description given or other enquiries), you cannot use a street

identification.

You conduct such identification by taking your witness to a location

where the offender may be. Before doing so, where practicable, a

record must be made of any description (first or otherwise) given by

the witness of the suspect.

You then ask the witness if they can identify any person present as

being the same person originally witnessed on the relevant occasion.

You must not direct your witness to any individual unless, having

regard to all the circumstances, this cannot be avoided.

However, this does not prevent the witness being asked to look

carefully at the people who are around at the time, or to look

towards a group or in a particular direction if this appears to be

necessary to ensure that the witness does not overlook a possible

suspect simply because the witness is looking in the opposite

direction and also to enable the witness to make comparisons

between any suspect and others who are in the area at the time.

Where there is more than one witness, every effort should be made

to keep them separate. Where practicable, witnesses should be

taken to see whether they can identify a person independently.



Example

A robbery occurs at a shop. The offender is wearing a coat which

bears the logo of a local factory. There is no known suspect, so you

take the witness to the relevant factory to watch the employees

arriving for work.

Street identification may be conducted by you, but if you consider

using this method you should first inform a supervisor.

Street identification may be conducted by you, but if you consider

using this method you should first inform a supervisor.

Once there is sufficient information to justify the arrest of a particular

individual for suspected involvement in the offence, for example,

after a witness makes a positive identification, formal identification

procedures must be adopted for any other witnesses in relation to

that individual.

The officer or approved person accompanying the witness shall make

a record in their pocket book of the action taken as soon as

practicable and in as much detail as possible. The record should

include the following information:

• The date, time and place of the relevant occasion the witness

claims to have previously seen the suspect.

• Where any identification was made, how it was made and the

conditions at the time (for example, the distance the witness

was from the suspect, the weather and light).

• If the witness’s attention was drawn to the suspect and if so

the reason for this, and

• Anything said by the witness or the suspect about the

identification or the conduct of the procedure.



Remember you must keep to Code of Practice D when you deal with

identification and while individual force policies may vary in detail,

the Code applies nationally.

Summary

You will be able to state the identification procedures and

circumstances when you can use street identification to identify

unknown suspects and outline the information to be recorded prior to

carrying out a street identification in compliance with PACE Codes of

practice. You will also be able to explain what actions and

procedures to follow and how they should be documented in given

circumstances.



Knowledge Check

1. Why is it important to ensure that a witness’s first description

of a suspect is as detailed and accurate as possible?

__________________________________________________

__________________________________________________

__________________________________________________

2. What are the circumstances under which a street identification

may take place? (Tick the correct answer/s)

When you have no suspect, but believe that the

offender may be at a particular location or

neighbourhood

If a suspect is known by the witness or by you

3. Before using street identification, who should you inform?

__________________________________________________

4. List three things that should be noted in your pocket notebook

when a witness makes a formal identification

• _____________________________________________

_____________________________________________

• _____________________________________________

_____________________________________________

• _____________________________________________

_____________________________________________



5. When showing film or photographic evidence a copy of any

material shown should be made available to the suspect or

their solicitor before any identification procedure is carried out

True False

6. What does the mnemonic advocate stand for?

A____________________________________

D____________________________________

V____________________________________

O____________________________________

K____________________________________

A____________________________________

T____________________________________

E____________________________________



Knowledge Check Answers

1. Why is it important that the first description is recorded

accurately and in detail?

Your answer should include the following key points:

It will be supplied in writing to the suspect or their solicitor

before any subsequent formal identification procedure. The

first description given by a witness is required for disclosure.

2. What are the circumstances under which a street

identification may take place? (Tick the correct

answer/s)

The correct answer is:

When you have no suspect, but believe that the offender may

be at a particular location or neighbourhood

3. Before using street identification, who should you

inform?

Your supervisor

4. List three things that should be noted in your pocket

notebook

Your answer should contain three of the following:

the date, time and place of the relevant occasion the witness

claims to have previously seen the suspect

• when a witness makes a formal street identification

• where any identification was made, how it was made and

the conditions at the time (for example, the distance the

witness was from the suspect, the weather and light)

• if the witness’s attention was drawn to the suspect and if so



the reason for this, and

• anything said by the witness or the suspect about the

identification or the conduct of the procedure

5. When showing film or photographic evidence a copy of

any material shown should be made available to the

suspect or their solicitor before any identification

procedure is carried out

True False

6. What does the mnemonic advocate stand for?

A Amount of time under observation.

D Distance from the eyewitness to the person or incident.

V Visibility – including time of day, street lighting etc.

O Obstructions – Was there anything obstructing the view?

K Known or seen before – Did the witness know, or had they

seen the suspect before?

A Any reason to remember – Was there something specific

that made the person or incident memorable?

T Time lapse – How long since the witness last saw the

suspect?

E Errors or material discrepancies.


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